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· 10/14/1991

Whitlaw v. the Kroger Co.

Citations

  • 410 S.E.2d 251
  • 306 S.C. 51
  • 1991 S.C. LEXIS 212

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • setting forth two-prong test for determining when a duty created by statute or regulation will support an action for negligence
  • setting forth two-pronged test for determining when a duty created by statute or regulation will support an action for negligence
  • “The finding of a statutory violation, however, does not end the inquiry. The causation of the inquiry must also be evaluated.”
  • sections 61-9-40 and 61-9-410 give rise to civil liability if third party plaintiff can establish negligence per se. After establishing negligence per se, plaintiff must prove the violation of the statute was causally linked, both in fact and proximately, to the injury

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.